New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-01
JAMES 7. sOUTTEFS ESTATE.
rTs MANAGEMENT ENTIRELY APPROVED.
REPORT OF MASTER GRIFFITH IN THE DUCHESS
DAUxYs SUIT FOR AN ACCOUNTING.


pAUxY's SUIT FOR AN ACCOUNTING.
Commissioner Timothy Griffith. clerk Of the United
Circuit Court master In chancery mas naa pe
fore him for several months the OF the Duchess
d'Auxy against Mrs Agnes G. 6outter and William r.
Coulter the executrx of the estate
of James T. soutter, who died in 1878. William K sout
ter was the head OF the firm Of soutter Co., which
failed over year ago. The Duchess dAuxy was
the widow OF Robert soutter. brother OF William
z soutter As heir Of Robert Soutter she Is en-
titled to 12Oh Of the estate Of James soutter and as
an heir OF her deceased children by Robert sout
ter entitled to 116Oth part OF the same estate Mrs
Agnes G. soutter the widow OF James T. souter. The
complainant In the suit who has married Count d Auxy
since her first husbands DEATH began the suit for an ac
counting in September, 1885, and there are several
other actions which she has interest against Will
lam K souter and others The contest has been bitter
one and the failure of the firm has sometimes been as
crbed the complications arising out Of the suit
Master Griffith filed his report yesterday In the suit for
an accounting The report consists of findings Of facts.
conclusions law and opinion The opinion views
the conclusions and decisv ely favor OF the defend
whose OF the estate isapproved every
particular and entirely dPoes OF tho & a. Tar sr
sonal estate Of James T. SOuter In July, 1873, was
e. Of mat at 6s ne Of "d
Before the settlement OF the account
b frher advances to enterprises in which he had been
interested to $504032 10 to lqudate which the execu
made dividend to the amount Of 100000 in secur
ties. which was divided among the heirs A second
TO amount Of sl25.000 On July l. 1876 the cxecu
tors divided 600 IN cash and 100000 in securities
March 1882: There have been no dividends since
that OF March, 1882 when there WAS Sl54,2lS 30 on
bsr iss5 when an injunction was obtained OF the sum
on hand on september 30 1888 SlO3ss IA was de-
balance loaned various persons The master
1000 Mobile City bonds accounted for by the exccu:
500 is to take their place These bonds hypothe
Gated with Lowell Co for loan evidently by mistake.
and the transaction IN treated sale OF the same.
There was litigation affecting of the securities" He
says that the sales securities properly made and
the properly made To the firm OF
souter release the securities of the testator
from pledge The twentieth and twenty first findings OF
facts
That after said soutter the Arm OF
soasr CO. BANKERS , the and from
prevail OF all the parties interested Including Timothy H.
ter That tho tact that the firm Of souer Co.. bankers,
re for many ea % having from
Mr.. Porter executor moneys to which she was emitted
said firm OF Soutter & Co.
He says the the securities OF the
through the panic OF 1873 at sacrifice Of ts inter-
csts The selection OF the firm bankers BY the
he comends wise and beneficial by reason OF Its
knowledge OF the securities. He says:
and transactions OF the said executors with respect
distribution Of the estate and deposit o. The securities
Co In respect thereto and the disbursements
80 o. o o e ea an Win ng W and wh
The aud approval OF al The parties Interested namely
and Timothy Porter and trustee tho
will Robert ind that there
wrongful Negligent committed by said
either thom and that their OF tho
has been proper proydent and eiueny successful
lie Tor imposing compound interest IA
penalty and finds that the executors are entitled 70 tho
usual cOmmis sion. which amounts TO S2ilO9 IL He
does fix the amount which be dae the estate OF
Robert souter from the estate OF James soutter "a It
ice exactly ascertnned until there Is accounting
the the two estates. Some OF the
conclusions OF law are:
That entered npon the discharge NJ their
That they duly collected all the outstanding
claims due the estate which collect able. That
tho payments of tho debts OF the deceased
'by them lust snl proper. and they
have produced upon This counting good and sui.
drient vouc, That they have distributed
the possible accordance with the testatnrs
viii That have not been guilty Of negligence
u cpnuct fraudulent act In he administration OF the
estate Thl h. aud approval OF tho parties I'm inter-
a.. sufficient Tor any departure from the e1
Of acts lone Ia Accord
ace M snc approval OF the parties interested